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An individual was convicted on retrial of sexually assaulting Gisele Pelicot following she was drugged unconscious by her then-husband – and received his incarceration period increased to 10 years.

Retrial Proceedings

Dogan, forty-four, an unemployed builder, who had appealed his first conviction last year, underwent a retrial this week at the appeals court in Nîmes.

A panel of five men and four women, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her residence in Provence in the morning of June 29, 2019.

The court heard that the accused, a family man, connected with Gisèle Pelicot’s then husband, the husband, in an online chatroom called “without her consent”, where Pelicot was seeking men to enter his residence to rape his wife once he had drugged her into a unconscious state.

We trust the jury will declare that in this nation, fundamental rights are also rights of women – that agreement is individual, not delegated,” stated Gisèle Pelicot’s attorney, her legal representative. “Agreement is obtained personally and not via a representative from a husband.”

Background

Dominique Pelicot, one of the worst sex offenders in France's contemporary records, was given a prison term to 20 years in prison last year for sedating his spouse and bringing in numerous individuals to rape her in her home in the town of the village of Mazan over a span of almost a decade of their union.

Fifty other men were found convicted in a notable trial last year, and the appellant was the only man to contest his verdict. He was first sentenced to 9 years in prison, a punishment increased on Thursday to ten years.

The lead state prosecutor, Dominique Sie, had argued he should serve twelve years, because he “stubbornly rejects to take any blame”.

Evidence Presented

Dogan had first sent Dominique Pelicot sexually explicit photos and then driven an hour from his town in the region to rape Gisèle Pelicot, after notifying his wife he was leaving, the testimony revealed.

The ex-husband, who was brought from solitary confinement in prison to briefly provide testimony at the retrial, informed the court that Dogan had known his wife had been “drugged” and he communicated to men by phone: “I seek someone to assault my wife after I’ve sedated her unbeknownst to her.”

The courtroom became a focus point for a broader debate on societal attitudes in society as the defendant continued to say he was blameless and had not perpetrated assault, arguing that because Gisèle Pelicot’s husband had welcomed him into the room, his actions had been acceptable.

The jury in the higher court was shown visual proof of the victim's unconscious figure, comatose and breathing heavily in a unconscious condition, while a grinning Dogan engaged in violation on several occasions over a timeframe of what authorities reported was 3.5 hours. The court official said she had been at danger of fatal outcome by choking. The prosecution said there was no question that she had been unconscious and had not consented.

Accused's Testimony

Dogan informed the court the footage were simply “intimate moments” and disputed it was assault. He said what he did was “an intimate behavior”, not assault. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was OK. He said he was deceived by Dominique Pelicot. “I wanted to stop,” Dogan informed the court. “I continued because he persuaded me.”

Inquired if he wanted to make a last words to the court, the defendant said: “I never wanted to hurt that woman.”

Pelicot's Words

The victim, who was supported upon exiting the courtroom each day by onlookers assembled to stand with her, told the defendant in court: “You fail to comprehend. When will you acknowledge you violated me? It is unlawful to assault an unconscious woman. How could I have give you permission? At no time.”

The victim, 72, became an international feminist hero after she waived her right to anonymity in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, turning to Gisèle Pelicot in court, said the defendant's refusal to take accountability showed that: “Shame has not yet changed sides. The public is possibly in the course of that, maybe motivated by the collective awareness resulting from the exposure of your ordeal.”

Sie said Dogan’s claims of non-guilt showed how rape culture was still prevalent in society as part of “archaic” forms of “male domination”. He said: “Now we must change rape culture to a culture of consent.”

The prosecutor said to Dogan: “While you reject it, it’s not just a person, it’s an entire disturbing cultural framework that you are upholding.”

Personal History

Dogan was originated from Turkey and at the age of 5 relocated to France, where his parent worked as a building manager. The evidence indicated that his parent was violent and that Dogan began smoking cannabis at the age of 10. When he was seventeen he was stopped by authorities for selling narcotics and his father kicked him out the residence. He served time in prison for drug dealing in his young adulthood and had worked as a construction worker but had undergone periods of living on the streets.

He was married and had a child with a genetic condition, who he was the primary guardian for, as his wife worked in a school canteen. The evidence showed his wife did not know he had regular extramarital activities outside their marriage. His defence said this was his method of dealing with his challenging existence. Dogan had stated to a evaluator that each year he engaged in transactional encounters on his special day. His lawyers told the court he had arthritis caused by the anxiety of the first trial.